ACIT, NEW DELHI vs. M/S. WESTLAND DEVELOPERS (P) LTD., NEW DELHI

PDF · subscribers
ITA 1675/DEL/2014Status: DisposedITAT Delhi13 November 2018AY 2009-105 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was less than the revised monetary limit of Rs. 20 lakhs for filing appeals before the Tribunal, as per CBDT Circular No. 03 of 2018.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the appeal was not maintainable due to a low tax effect, below the prescribed monetary limit.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit set by the CBDT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘D’ NEW DELHI

Before: SHRI PRASHANT MAHARISHI & SHRI K.NARASIMHA CHARY

For Appellant: Shri Piyush Kaushik, Advocate
For Respondent: Shri J.K. Mishra, Sr. DR
Hearing: 13.11.2018Pronounced: 13.11.2018

ORDER

PER K. NARASIMHA CHARY, JM

1.

The present appeal filed by the Revenue is directed against the order dated 6.11.2013 in Appeal No.83/11-12 passed by the Learned Commissioner of Income-tax(Appeals)-23, New Delhi {“CIT(A)”} in relation to Assessment Year 2009-10.

2 2. At the outset, the learned counsel for the assessee submitted that the appeal of the revenue is not maintainable as the tax effect involved in this case is less than Rs.20 lacs.

3.

We have heard the parties. It is found that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal. It is further found that as the tax effect involved in the instant appeal is less than Rs.20,00,000/-, the extant appeal is not maintainable. The ld. D.R., although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in this appeal is less than Rs.20,00,000/-.

4.

Going by the prescription of the aforenoted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in this case is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →